Act 9
Exception—
Penal Code Act
2008
The abettor shall not be liable under this section to the
punishment for murder unless he or she knew that death
would be the probable consequence of the act abetted.
Note- See section 210 of this Act.
Illustration—
“A” instigates “B” to cause grievous hurt to “Z”. “B” in
consequence of the instigation causes grievous hurt to “Z”.
“Z” dies in consequence. Under these facts,, if “A” knew
that the grievous hurt abetted was likely to cause death,
“A” is liable to be punished with the punishment provided
for culpable homicide not amounting to murder or for
murder as the case may be.
58. Abettor Present when an Offence is Committed Liable as a
Principal.
Whenever any person who if absent would be liable to be
convicted as an abettor, is present when the act or offence for
which he or she would be sentenced in consequence of the
abetment is committed, he or she shall be deemed to have
committed such act or offence.
59. Abetment of Offence Subject to Death Sentence or Life
Imprisonment if the Offence is not Committed.
(1) Whoever abets the commission of an offence which may
result in the death sentence or imprisonment, shall, if that
offence is not committed in consequence of the abetment,
and no express provision is made by this Act or by any
other law for the sentencing of such abetment, upon
conviction be sentenced to imprisonment for a term not
exceeding seven years or with a fine or with both.
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